Remnant Kings (East) & Ors v McKeon & Ors [1998] ScotCS 44 (30 October 1998)

Remnant Kings (East) & Ors v McKeon & Ors [1998] ScotCS 44 (30 October 1998)

The pursuers failed to establish a sufficient basis for exclusive rights to the business names in the area concerned, as both parties had departed from the 1985 agreements and the pursuers could not demonstrate a clear entitlement to the goodwill or exclusive use necessary for passing off. The balance of convenience did not favour maintaining the interim interdict.

Citation
[1998] ScotCS 44
Parties
Pursuer: Remnant Kings (East) and Others; Defender: John Farrell McKeon & Others
Jurisdiction
Scotland
Judgment Date
30 October 1998
Procedural Posture
Commercial Dispute (interim Interdict) / Motion for Recall of Interim Interdict
Outcome
Interim interdict recalled
Legal Topics
Passing Off, Trade Names, Partnership Dissolution, Goodwill, Interim Interdict
Commercial Law Intellectual Property Law Passing Off Trade Names Partnership Dissolution Goodwill Interim Interdict

Case Brief

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Parties

Remnant Kings (East) and Others

Pursuer

John Farrell McKeon & Others

Defender

Procedural Posture

Commercial Dispute (interim Interdict) / Motion for Recall of Interim Interdict

Legal Issues

  1. 1 Whether pursuers are entitled to interim interdict preventing defenders from trading under certain names in Edinburgh
  2. 2 Whether pursuers have exclusive rights to the business names in question
  3. 3 Whether the pursuers can rely on goodwill and passing off in the circumstances

Ratio Decidendi

The pursuers failed to establish a sufficient basis for exclusive rights to the business names in the area concerned, as both parties had departed from the 1985 agreements and the pursuers could not demonstrate a clear entitlement to the goodwill or exclusive use necessary for passing off. The balance of convenience did not favour maintaining the interim interdict.

Court Disposition

Interim interdict recalled

Orders

  • Recall of interim interdict preventing defenders from trading under the specified names in Edinburgh